HomeMy WebLinkAbout962034MODIFICATION OF EASEMENT
RECITALS
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000564
For valuable consideration, the receipt whereof is hereby acknowledged, the following
designated and undersigned parties hereby enter into and make this Modification of Easement
"Modification of that certain Easement dated May 4, 2004, and recorded in the office of the
Lincoln County Clerk on August 25, 2004, in Book 565 PR, page 655, "the Easement
1. WHEREAS, the following parties are grantors in the Easement: Francis D. Brown
and Karen R. Brown, Trustees of the Francis D. and Karen R. Brown Family Trust dated March
31, 1999, of Afton, Lincoln County, Wyoming, and Kevin D. Hyde aka Kevin Daniel Hyde and
Janice F. Hyde aka Janice Hyde, husband and wife, and as Trustees of the Kevin D. and Janice F.
Hyde Family Trust dated June 12, 2001, of Auburn, Lincoln County, Wyoming; and
2. WHEREAS, the following parties are grantees in the Easement: Francis D. Brown
and Karen R. Brown, Trustees of the Francis D. and Karen R. Brown Family Trust dated March
31, 1999, of PO Box 441, Afton, WY 83110, Kevin D. Hyde and Janice F. Hyde, Trustees of the
Kevin D. and Janice F. Hyde Family Trust dated June 12, 2001, of 1539 Tom's Canyon Lincoln
County Road No. 131, Auburn, WY 83111, Kyle L. Erickson and Wendy D. Erickson, Trustees
of the Kyle L. Erickson and Wendy D. Erickson Revocable Trust dated December 21, 1994, of PO
Box 82, Auburn, WY 83111, Orden M. Burton and Irma Burton, husband and wife, of 4603 South
Wackerlie Avenue, Idaho Falls, ID 83406; and
3. WHEREAS, grantees, Kyle L. Erickson and Wendy D. Erickson, Trustees of the
Kyle L. Erickson and Wendy D. Erickson Revocable Trust, dated December 21, 1994, have by that
certain Warranty Deed dated February 25, 2011, and recorded in the office of the Lincoln County
Clerk on February 28, 2011, in Book 763, page 153, conveyed all of their real property as
described in the Easement to Kent H. Pearson and Mary Lynn Pearson, Trustees of the Kent and
ML Pearson Trust dated January 25, 2006, and thus replacing them as grantees in the Easement:
and
RECEIVED 11/18/2011 at 11:57 AM
RECEIVING 962034
BOOK: 776 PAGE: 564
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
4. WHEREAS, the parties desire to now execute this Modification for the sole purpose
of agreeing to a revised legal description of the right -of -way easement set forth in Paragraph 4 of
the Easement.
NOW THEREFORE, the parties hereby agree as follows:
1. The legal description of the right -of -way easement as set forth in Paragraph 4 of the
Easement is hereby revoked and relinquished and replaced in its entirety with the following legal
description:
DESCRIPTION FOR
BROWN HYDE EASEMENT
To -wit:
000565
A strip of land thirty (30) feet in width for ingress, egress and utilities, over, under
and across the S %SW% of Section 27, the NEY4NE%4 of Section 33 and the
NWY4NW of Section 34, T33N R119W, Lincoln County, Wyoming, being fifteen
(15) feet each side of the following described centerline:
BEGINNING at the intersection of the north right -of -way line of Tom's Canyon County
Road No. 12 -131 with the east line of the SW %SW'/ of said Section 27, N00 -42'-
37"E, 30.00 feet, from the southeast corner of said SW %SW
thence N55°-31'-11"W, 23.10 feet, to a position at the beginning of a circular curve to
the left;
thence northwesterly, 58.59 feet, along the arc of said curve, through a central angle
of 34 15' -15 with a radius of 98.00 feet, and a chord bearing N72 38' -48 "W,
57.72 feet, to a position;
thence N89 46' -26 "W, 692.69 feet, to a position at the beginning of a circular curve
to the left;
thence southwesterly, 111.75 feet, along the arc of said curve, through a central angle
of 43°-40'-31", with a radius of 146.61 feet, and a chord bearing S68 23' -19 "W,
109.07 feet, to a position of reverse curvature;
thence southwesterly, 112.08 feet, along the arc of said curve, through a central angle
of 42 26' -54 with a radius of 151.28 feet, with a chord bearing S67 46' -30 "W,
109.53 feet, to a position;
thence S88 59' -57 "W, 227.02 feet, to a position at the beginning of a circular curve to
the left;
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thence westerly, 133.91 feet, along the arc of said curve, through a central angle of
10 08' -56 with a radius of 756.00 feet, and a chord bearing S83 55' -29 "W,
133.74 feet, to a position, being the TERMINUS of the Brown -Hyde Easement;
the BASE BEARING for this survey is the east line of the SEV4 of Section 28, T33N
R119W, being N00 41' -03 "E;
the northerly and southerly right -of -way lines to be lengthened or shortened as
necessary to create a continuous easement with a minimum width of thirty (30) feet
to meet the northerly right -of -way line of said Tom's Canyon County Road No. 12-
131 and the east line of said SW%SW%;
each "intersection" marked by a 5/8" x 24" steel reinforcing rod with 2" aluminum
cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with
appropriate details;
each "corner" found as described in the Corner Record filed or to be filed in the
Office of the Clerk of Lincoln County;
each "position" is a calculated position with no monument found or set, referenced
by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR
SCHERBEL LTD AFTON WY PLS 11810 with appropriate details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of
Lincoln County titled, "PLAT OF TRACTS AND EASEMENTS FOR THE KENT AND
ML PEARSON TRUST, DATED 25 JANUARY 2006 AND ORDEN M. BURTON AND
IRMA BURTON WITHIN THE SY2SW% SECTION 27 SEY4 SECTION 28 NE %NE%
SECTION 33 NW%NW% SECTION 34 T33N R119W LINCOLN COUNTY,
WYOMING dated 17 September 2011, as revised.
11 October 2011
AND ALSO,
DESCRIPTION FOR
BROWN EASEMENT No. 1
To -wit:
An irregular strip of land for ingress, egress and utilities, over, under and across the
SW%4SW% of Section 27, the NE %NE%4 of Section 33 and the NW %NWY4 of
Section 34, T33N R119W, Lincoln County, Wyoming, described as follows:
BEGINNING at the southwest corners of said SW%4SW
thence N00 41' -03 "E, 30.00 feet, along the west line of said SW %SW1/4, to a point;
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thence S71°-09'-06"E, 132.35 feet, to a point on the northerly right -of -way line of the
aforementioned Brown -Hyde Easement, at the beginning of a non tangent circular
curve to the left, whose radius bears S01°-00'-03"E;
thence westerly, 136.57 feet, along the arc of said curve and said right -of -way line,
through a central angle of 10 08' -56 with a radius of 771.00 feet, and a chord
bearing S83 55' -29 "W, 136.39 feet, to a point;
thence N71 09' -06 "W, 84.52 feet, to a point on the north line of said NE %NE%4;
thence S89 55' -45 "E, 90.00 feet, along said north line, to the CORNER OF
BEGINNING;
the BASE BEARING for this survey is the east line of the SE% of Section 28, T33N
R119W, being N00 41' -03 "E;
each "corner" found as described in the Corner Record filed or to be filed in the
Office of the Clerk of Lincoln County;
each "point" marked by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate
details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of
Lincoln County titled, "PLAT OF TRACTS AND EASEMENTS FOR THE KENT AND
ML PEARSON TRUST, DATED 25 JANUARY 2006 AND ORDEN M. BURTON AND
IRMA BURTON WITHIN THE S'/SW% SECTION 27 SEY4 SECTION 28 NEY4NE%
SECTION 33 NW %NW%4 SECTION 34 T33N R119W LINCOLN COUNTY,
WYOMING dated 17 September 2011, as revised.
11 October 2011
2. Except as modified herein, in all other respects, the parties hereby affirm the
provisions of the Easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day
of October, 2011.
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Francis D. Brown, Trustee
Karen R. Brown, Trustee
STATE OF WYOMING
Given under my hand and notarial seal the day and r fir
My commission expires:
ss.
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Kevin Daniel Hyde
anice F. Hyde
000568
COUNTY OF LINCOLN
On this 2 2 n day of October, 2011, before me personally appeared Francis D. Brown and
Karen R. Brown to me personally known, who, being by me duly sworn and put upon their oath, did
say that they are the trustees of the Francis D. and Karen R. Brown Family Trust dated March 31,
1999, described in and which executed the foregoing instrument; that said instrument was signed
and sealed on behalf of said trust; that said trustees had the authority under the terms of the written
trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged
said instrument to be the free act and deed of said trust.
r •'r"" STATE OF
LINCOLN WYOMING
My Commission Expires laleda
Orden M. Burton
Irma Burton
NOT
earson, Trustee
bove writt-n in i ertificate.
STATE OF WYOMING
COUNTY OF LINCOLN
On this 22 day of October, 2011, before me personally appeared Kevin D. Hyde and
Janice F. Hyde to me personally known, who, being by me duly sworn and put upon their oath, did
say that they are the trustees of the Kevin D. and Janice F. Hyde Family Trust dated June 12,
2001, described in and which executed the foregoing instrument; that said instrument was signed
and sealed on behalf of said trust; that said trustee had the authority under the terms of the written
trust instrument to execute the instrument on behalf of the trust; and said trustee acknowledged
said instrument to be the free act and deed of said trust; and subscribed and sworn to before me by
Kevin D. Hyde aka Kevin Daniel Hyde and Janice F. Hyde aka Janice Hyde, husband and wife.
Given under my hand and notarial seal the day and year first bove written in s,ce 'ificate.
My commission expires:
STATE OF WYOMING
COUNTY OF LINCOLN
ss.
OEQ121 WYOMING
My Commission Expires I' 20/
ss.
NOT
000569
On this /'7i -h day of October, 2011, before me personally appeared Kent H. Pearson and
Mary Lynn Pearson to me personally known, who, being by me duly sworn and put upon their oath,
did say that they are the trustees of the Kent and ML Pearson Trust dated January 25, 2006,
described in and which executed the foregoing instrument; that said instrument was signed and
sealed on behalf of said trust; that said trustees had the authority under the terms of the written
trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged
said instrument to be the free act and deed of said trust.
Given under my hand and notarial seal the day and year first above written in this certificate.
t3/414410 L GOULDING NOTARY PUBLIC
tUtinty State of
i ittraNn G Wyoming
COMMItiabn Evolves May 2, 2015
My commission expires: May 2, 2015.
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NOTARY PUBLIC
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing Modification of Easement was acknowledged before me by Orden M. Burton
and Irma Burton, husband and wife, this 17 41 day of October, 2011.
ss.
Witness my hand and official seal.
GERALD L GOULDING NOTARY PUBLIC
County of SFxt State of
Lincoln: Wyoming
My Commission Expires May 2, 2015
My commission expires: May 2, 2015.
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NOTARY PUBLIC
0005'0